Roberts v. Rhodes
Supreme Court of Kansas
643 P.2d 116 (1982)
A Kansas school district received two deeds of land, each stating the grant was made 'only for school or cemetery purposes,' and used the land for school purposes for roughly 60 years before selling it to Rhodes (defendant) once it stopped needing it. Roberts (plaintiff), holding deeds from the heirs of the original grantors, claimed the land should have reverted to those heirs once school use ended, and the district court agreed, finding the deeds created a fee simple determinable that automatically reverted. The appellate court reversed, holding the deeds actually conveyed fee simple absolute title, and Roberts sought further review.
Whether, under Kansas law, a deed that specifies the grantor's desired use of real property, but includes no words of limitation or reversion, conveys fee simple title rather than title in fee simple determinable.